Eriyantouw Wahid
Faculty of Law, Universitas Trisakti, Indonesia

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Reconstructing Legal Responsibility for the Dissemination of False News Containing Discrimination to Achieve Justice Abraham Kateyau; Eriyantouw Wahid; Endang Pandam
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.2067

Abstract

Crimes within social media networks are highly susceptible to occur due to anonymity and ease of electronic communication. However, law enforcement against perpetrators of false news and discriminatory defamation in Indonesia faces significant legal uncertainty due to multiple interpretations of key provisions in the Electronic Information and Transactions (ITE) Law. This research addresses regulations on designating suspects who spread false news on social media, and the reconstruction of criminal liability for spreading hoaxes and discriminatory defamation through social media in Indonesia. Using a normative juridical method with comparative legal analysis which examining Indonesia’s ITE Law alongside Malaysia’s Communications and Multimedia Act 1998 and Singapore’s Protection from Harassment Act, the results indicate that reconstructing legal responsibility is necessary when false, discriminatory content, including SARA-based speech, spreads. This should be achieved through measured sanctions providing a deterrent effect to maintain societal order. Without this, law enforcement against such acts is undermined. However, implementing the ITE Law faces challenges, including multiple interpretations, human rights concerns, and digital evidentiary constraints. Therefore, it is recommended to revise legal norms for clarity and promote digital literacy education so the public can identify accurate information. Fair, proportional law enforcement is crucial to balance freedom of expression with protection from discrimination.
Understanding the Obligation to Register Former Customary Land Ownership Rights Ignatius Pradipa Probondaru; Endang Pandamdari; Eriyantouw Wahid
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2187

Abstract

Land registration is a mandate of Law Number 5 of 1960 on the Basic Agrarian Regulations (UUPA), which aims to guarantee legal certainty and legal protection for land rights in Indonesia. Nevertheless, many lands that were formerly under customary ownership rights have not yet been registered and are only supported by administrative evidence such as girik or customary land title, letter C, or other tax documents. Such a circumstance engenders juridical ambiguity and heightens the likelihood of agrarian conflicts. Consequently, a thorough comprehension of the obligation to register lands formerly held under customary tenure is essential to achieving an orderly land administration framework. Employing a normative juridical methodology, this study integrates both statutory and conceptual approaches. Secondary data comprising primary, secondary, and tertiary legal materials were collected through library-based documentary research. The findings reveal that unregistered ex-customary lands lack robust evidentiary support for ownership, rendering their legal status susceptible to contestation. Within the national agrarian legal order, the conversion of customary rights into formal ownership rights necessitates land registration as a manifestation of state-conferred juridical recognition. Moreover, numerous impediments persist in the implementation of land registration, including low public legal consciousness, cumbersome procedural requirements, prohibitive costs, and restricted access to land administration services. Government Regulation No. 18 of 2021 mandates registration within a specified timeframe, signaling a policy-driven effort to expedite the juridification of land assets. This study affirms that accelerating registration not only fortifies legal certainty but also fosters socioeconomic stability and mitigates the emergence of land disputes.